^■7^ 




^^^^\^- 




*iTi Con dress cti tlie reference. 



1853. 






Glass, t ^^53 
Book - O (r> ^^' 



f 






V SPEECH 



OF 



GERRIT SMITH, 



IN COIVGRESS, 



ON THE 



REFEREXCE OF THE PRESIDENT'S MESSAGE. 



DECEMBER 20,. 1853. 



WASHIXGTON, D. C. 

BUELL & BLANCHARD, PRINTERS. 

1853. 



-2) 












SPEECH OF GERRIT SMITH. 



It is natural, Mr. Cliairman — nay, it is almost neces- 
sary — that, from the difference in our temperament, our 
education, our pursuits, and our circumstances, we should 
take different views of many a subject, which comes before 
us. But, if we are only kind in expressing these views, 
and patient in listening to them, no harm, but, on the con- 
trary, great good, will come from our discussions. 

As this is the first time I have had the floor, it may be 
well for me now to confess, that I am in the habit of freely 
imputing errors to my feilow-men. Perhaps, I shall fall 
into this habit on the present Occasion. It may be a bad 
habit. But is it not atoned for by the fact, that I do not 
claim, that I am myself exempt from errors; that I acknowl- 
edge, that I abound in them ; and that I am ever willing, 
that those, whom I assail, shall make reprisals ? I trust, 
Sir, that so long as I shall have the honor to hold a seat in 
this body, I may be able to keep my spirit in a teachable 
posture, and to throw away my errors as ftist as honorable 
gentlemen around me shall convince me of them. 

I have risen, Mr. Chairman, to make some remarks on 
that portion of the President's Message, which it wa,s pro- 
posed, a few moments since, to refer to the Committee on 
Foreign Affairs. 

The Message endorses, fully and warmly, the conduct of 
the Administration in the case of Ivlartin Koszta. For my 
own part, I cannot bestow unqualified praise on that con- 
duct. Scarcely upon Capt. Ingraham can I bestow such 
praise. It is true, that I honor him for his brave and just 
determination to rescue Koszta, but I would have liad him 
go a step farther than he did, and insist on Koszta's abso- 



lute liberty. I would have had him enter into no treaty, 
and hold no terms, with kidnappers. I would have had 
him leave nothing regarding Koszta's liberty to the discre- 
tion of the French Consul or any other Consul ; to the dis- 
cretion of the French Government or any other Government, 
Koszta was an American subject— a kidnapped American 
subject — and hence the American Government was bound 
to set him, immediately and unconditionally, free. But 
Capt. Ingraham represented the American Government, 
For that occasion he was the American Government. 

For saying what I have here said, I may appear very 
inconsistent in the eyes of many, who know my opposition 
to all war; for they may regard Capt. Ingraham as having 
been ready to wage war upon Austria — as having, mdeed, 
actually threatened her with war. But, notwithstanding 
my opposition to all war, I defend Capt. Ingraham's pur- 
pose to use force, should force become necessary. I believe, 
that such purpose is in harmony with the true office of 
Civil Government. I hold, that an armed national police 
is proper, and that here was a fit occasion for using it, had 
moral influences failed. But to beheve in this is not to 
believe in war. It is due to truth to add, that Capt. Ingra- 
ham should not be charged with designing war upon Aus- 
tria. Why should he be thus charged ? He had, properly/ 
nothing whatever to do with Austria, nor with the Austrian 
Consul! There was no occasion for his doing with either of 
them, nor for his even thinking of either of them. For him 
to have supposed that Austria, or any of her authorities, 
could be guilty of kidnapping, would have been to insult 
her and them. He had to do only with the kidnappers, 
vrho were restraining Koszta of his liberty ; and all he had 
to do with these kidnappers was to compel them to an 
unconditional and immediate surrender of their prey. 

I will sav, by the way, that I do not condemn the con- 
duct of our Minister, Mr. Marsh, in relation to Koszta, for 
the good reason, that I am not sure what it was. If it was, 
as it is reported to have been, I trust that both the Admin- 
istration and the whole country will condemn it. 

It is denied in certain quarters, that Koszta was an Amer- 
ican subject. But Secretary Marcy has argued triumph- 
antly that, in the light of international law, he was. I 
regret,, that he had not proceeded to argue it in other hght 



also. I regret, that lie had not proceeded to show that, 
even if admitted international law is to the contrary^ 
nevertheless, by the superior law of reason and justice,' 
Koszta was an American subject. I regret, that he had not 
proceeded to publish to the world, that, when a foreigner 
becomes an inhabitant of this land; abjures allegiance to the 
Government he has left ; and places himself un°der the pro- 
tection of ours ; the American Government will protect him, 
and that, too, whether with or without international law! 
and whether with the world or against the world. In a 
word, I regret, that the Secretary did not declare, that if 
international law shall not authorize the American Govern- 
ment to protect such a one, then American law shall. It is 
high time, that America should justify herself in such a 
case by something more certain and authoritative than 
European codes. It is high time, that she should base her 
justification, in such a case, on the immutable and everlast- 
ing principles of reason and justice. 

I may be asked, whether I would allow, that the subject 
of a foreign Government, who is alleged to be charged with 
an offence, and who has iied to our country, can find shelter 
m his oath of allegiance to our Government ? I answer. 
that I would not allow him to be kidnapped; and that, if 
his former Government wants him, it must make a respect- 
ful call on our Government for his extradition. I add, that 
I would have our Government the sole judge of the fact 
whether he is charged with an offence; and also the sole 
judge whether the offence with which he may be charged is 
a crime — a real and essential crime — for which he should 
be surrendered; or a merely conventional and nominal 
crime, for which he should not be surrendered. 

A few words in regard to the charge, that Capt. Ingraham 
invaded the rights of a neutral State. It is to be regretted, 
that the Secretary did not positively and pointodiy deny 
the truth of this charge. I admit, that no denial of it was 
needful to his argument with Mr. Hulsemann. The denial 
would, however, have been useful. No, Sir ; Capt. Ingra- 
ham did not violate the rights of Turkey. But, although 
America cannot be justly charged with violating the rights 
of Turkey, Turkey nevertheless can be justly charged with 
violating the rights of America. She violated the rights of 
America, inasmuch as she failed to afford to Koszta the pro- 



6 

tection, wliich she owed him. If she is not fairly charge- 
able with permitting him to be kidnapped, she nevertheless 
is fairly chargeable with permitting him to remain kid- 
napped, and that is virtually the same thing. To say, that 
Capt. Ingraham violated the rights of Turkey, is nonsense. 
It is nonsense, if for no other reason, than that she had no 
rights in the case, to be violated. She had none, for the 
simple reason, that she suffered her laws to be silent. The 
only ground on which a neutral State can claim respect at 
the hands of belUgerents is, that, so far as she is concerned, 
their rights are protected. If she allows injustice to them, 
then they may do themselves justice. If she refuses to use 
the law for them, then they may take it into their own 
hands. For Turkey to suspend her laws, as she did m the 
present case, is to leave to herself no ground of wonder or 
complaint, if a brave Capt. Ingraham supplies her lack of 

laws. , 

But I may be asked, whether I would really have liail 
Capt. Ingraham fn-e into the Austrian ship ? I answer, that 
I would have had him set Koszta free, cost what it might. 
At the same time, I admit, that there would have been 
blame, had it cost a single life; and that this blame would 
have rested, not upon the Turks and Austrians only, but 
upon our own countrymen also. This is so, for the reason, 
that neither our own country nor any other country is so 
fully identified with justice, in the eyes of all the world, as 
to make its character for justice an effectual substitute for 
violence— as to make, in a word, its character for justice its 
sufficient power to obtain justice. Were our country pro- 
verbial, the world over, for wisdom and goodness— were 
our love to God and man known and read of all men— were 
every nation to know that, both at home and abroad, our 
Government acts wpon Christian principles— then no nation 
would wrong us, and no nation would let us be wronged. 
Then, if one of our people were kidnapped in a foreign 
land, as was Koszta, the Government of that land would 
promptly surrender him, at our request. It would pass 
upon our title to the individual confidingly and generously, 
rather than jealously and scrutinously. And even n it 
entertained much doubt of our title, it would nevertheless 
waive it, under the iniluence of its conviction, that we ask 
nothing, which we do not honestly believe to be our due, 



and that our character is such, as richly to entitle us to all 
that is possibly our due. Having such a character, our 
moral force would supersede the application of our physical 
force. Had physical force been needful to effect the deliv- 
erance of Koszta, it would have been needful merely 
because the American people and American Government 
lacked the moral character, or, in other words, the moral 
force, adequate to its dehverance. But, as I have already 
mtnuated, our nation is no more deficient in this respect 
than other nations. 

I said, that I could not bestow unqualified praise on the 
Administration for its part in the Koszta aftair. In one 
or two of those passages of rare rhetorical beauty in his 
letter to Mr. Hulsemann, Secretary Marcy insinuates the 
despotic character of Austria. Now, I will not say, that 
there was impudent hypocrisy in the insinuation; but I will 
say, that the insinuation was in bad taste, and that it was 
bad policy. A cunning policy would studiously avoid, in 
our diplomatic correspondence, all allusions to despotism 
and oppression, lest such allusions might suggest to the 
reader comparisons between our country and^other coun- 
tries, that would be quite unfavorable to us. 

I admit, that Austria is an oppressor. But is it not 
equally true, and far more glaringly true, that America is 
a much greater and guiltier oppressor ? Indeed, compared 
with our despotism, which classes millions of men, women, 
and children, with cattle, Austrian despotism is but as the 
httie finger to the loins. Surely, surely, it will never be 
time for America to taunt Austria with being an oppressor, 
untd the influence of American example is such, as to 
shame Austria out of her oppression, rather than to iustify 
and confirm her in it. 

In this same letter to the Representative of Austria, Mr. 
Marcy presumes to quote, as one of the justifications of 
Capt. Ingraham's conduct, the Divine law, to do unto others 
as we icoiild have others do unto us. Now, was it not the 
very acme of presumption for the American Government 
to quote this law, while it surpasses every other Govern- 
ment in trampling it under foot? Did Mr. Marcy suppose 
Mr. Hulsemann to be stone-blind ? Did he suppose, that 
Mr. Hulsemann had lived in the city of Washington so 
long, and yet had seen nothing of the buying and selling 



s 

of human beings as brutes, whicli is continually going on 
here, under the eye, and under the authority, of Govern- 
ment? Did he suppose, that Mr. Hulsemann could be 
ignorant of the fact, that the American Government is the 
great slave-catcher for the American slaveholders ? Did 
he suppose him to be ignoroiit of the fact, that the great 
American slave-trade finds in the American Government 
its great patron; and that this trade is carried on, not 
only under the general protection, but under the specific 
regulations, of Congress ? Did he suppose him to be igno- 
rant of the fact, that many, both at the North and South, 
(among whom is the President himself,) claim, that Amer- 
ican slavery is a national institution ? — and made such by 
the American Constitution ? It is a national institution. 
If not made such by our organic law, it is, nevertheless, 
made such by the enactments of Congress, the decisions of 
the Judiciary, and the acquiescence of the American Peo- 
ple. And did Mr. Marcy suppose Mr. Hulsemann to be 
entirely unaware, that the present Administration surpasses 
all its predecessors in shameless pledges and devotion to 
the Slave Power? Certainly, Mr. Marcy fell into a great 
mistake, in presuming Mr. Hulsemann to be in total dark- 
ness on all these points. If, indeed, a mistake, it is a very 
ludicrous one. If but an afiectation, it is too wicked to be 
ludicrous. 

I referred, a moment since, to some of the evidences of 
the nationality of American slavery. It, sometimes, suits 
the slaveholders to claim, that their slavery is an exclu- 
sively State concern; and that the North has, therefore, 
nothing to do with it. But as well may you, when urging 
a man up-hiU with a heavy load upon his back, and with 
your lash also upon his back, tell him, that he has nothing 
to do either with the load or the lash. The poor Xorth 
has much to do with slavery. It staggers under it^ load 
and smarts under its lash. 

But I must do Secretary Marcy and the Administration 
justice. What I have said, were I to stop here, would 
convey the idea, that, in his letter to Mr. Hulsemann, the 
Secretary inculcates the duty of unconditional obedience to 
the laAV, which requires us to do unto others, as we would 
have others do unto us. He is, however, very far from 
doing so. He remembers, as with paternal solicitude, 



<) 

American slavery and the Fugitive Slave Act, and provides 
for their safety. To this end he qualifies the command- 
ment of God, and makes it read, that we are to obey it, 
only when there is no commandment of man to the con- 
trary. In a word, he adopts the American theology — 
that pro-slavery theoloojy, which makes human Govern- 
ment paramount to the Divine, and exalts the wisdfm and 
authority of man above the wisdom and authority of God. 

I said, that I must do the Secretary justice : and I have 
now done it. But, in doing it, a piece of flagrant injustice 
has been brought to light. For what less than flagrant can 
I call his injustice to the Bible ? The Secretary says, that 
this blessed volume "enjoins upon all men, everywhere, 
when not acting under legal restraint, to do unto others 
whatever they would, that others should do unto them.'' 
A'ow, the phrase " when not acting under legal restraint'' 
is a sheer interpolation. The commandment, as we find it 
in the Bible, is without qualification — is absolute. The 
Administration is guilty, thei-efore, through its Secretary, 
of deliberately corrupting the Bible. Moreover, it is guilty 
of deliberately corrupting this authentic and sacred record 
of Christianity at the most vital point. For this command- 
ment to do unto others as we would have others do unto 
us, is the sum total of the requirements of Christianity. 
I say so on the authority of Jesus Christ himself. For 
when He had given this commandment, ILe added: "for 
this is the law and the prophets." 

I am not unmindful how strong a temptation the Admin- 
istration w^as under, in this instance, to corrupt the Bible. 
I am willing to make all due allowance on that accomit. 
Strong, however, as was the temptation, it nevertheless 
should have been resisted. I am well aware, that for the 
Administration to justify the rescue of Koszta on the un- 
qualified, naked Bible ground, of doing unto others as w^o 
would have others do unto us, would be to throw open the 
door for the rescue of every fugitive slave. It would be to 
justify the rescue of Shadrach at Boston. It would be to 
'justify the celebrated rescue in my own neighborliood — I 
mean the rescue of Jerry at Syracuse. It would be to jus- 
tify the bloody rescue at Christiana. For, not only is it 
true, that all men would be rescued from slavery, but it is 
also true, that very nearly all men would be rescued from 



10 

slavery, even at the expense of blood. I add, that for the 
Administration to justify on naked Bible ground the rescue 
of Koszta, would be, in elfect, to justify the deliverance of 
every slave. Now, for, an Administration, that sold itself 
in advance to the Slave Power, and that is indebted for all 
its hopes and for its very being to that Power — for such an 
Administration to take the position of simple Bible truth, 
and thereby invite the subversion of all slavery, would be 
to practice the cruellest ingratitude. Such ingratitude 
could not fail to ez^asperate the Slave Power — that mighty 
and dominant Power, before which not only the Adminis- 
trations of the American People, but the American People 
themselves, fall down as abjectly as did Nebuchadnezzar's 
people before the imago, which he had set up. Neverthe- 
less, however important it may be to maintain slavery, it 
is far more important to maintain Christianity; and the 
Administration is therefore to be condemned for giving up 
Christianity for slavery. I add, that, if American slavery 
is, as the famous John Wesley called it, "the sum of all 
villanies," then it is certainly a very poor bargain to ex- 
change Christianity for it. 

Sir, this doctrine of the xYdministration, that human en- 
actments are paramount to Divine law, and that the Divine 
authority is not to be allowed to prevail against human 
authority, is a doctrine as perilous to man as it is dishonor- 
able to God. In denying the supremacy of God, it annihi- 
lates the rights of man. I trust, that a better day will 
come, when all men shall be convinced, that human rights 
are not to be secured by human cunning and human jug- 
gles, but solel}' by the unfaltering acknowledgment of the 
Divine power. This crazy world is intent on saving itself 
by dethroning God. But, in that better day, to which I 
have referred, the conviction shall be universal, that the 
only safety of man consists in leaving God upon His 
throne. 

To illustrate the absurdity of this atheistic doctrine of 
the Administration, we will suppose that, by a statute of 
Turkey, any person, Hungarian-born, ought to be kid- 
napped. Then, according to this atheistic doctrine, Capt. 
Ingraham had no right to rescue Koszta, for his kid- 
nappers, in that case, were acting " under legal restraint." 



11 

■ Mr. SOLLERS, of Maryland. Mr. Chairman, what ia 
the question before the House ? 

The CHAIRMAN, (Mr. Orr, of South Carolina.) Does 
the gentleman from Maryland rise to a question of order ? 
Mr. SOLLERS. . I do. 

The CHAIRMAN. What is the gentleman's question ? 
Mr. SOLLERS. I want to know what is the subject 
before tlie House ? 

The CHAIRMAN. The subject is the reference of the 
President's Message. 

Mr. SOLLERS. The gentleman from New York is 
making an abolition speech, and I do not see its relevancy 
to the question before the House. 

The CHAIRMAN. The gentleman from New York is 
entitled to the floor, and he is in order. 

Mr. SMITH. The gentleman from Maryland says, that 
I am making an abolition speech. I am : and I hope he 
will be patient under it. I, in my turn, will be patient 
under an rt?i/2-abolition speech. 

But I will proceed in my illustrations of the absurdity of 
this atheistic doctrine of the Administration. What, too, 
if there were a statute of Turkey, declaring it right to kid- 
nap any person, who is American-born ? Then, according 
to this corrupt theology of the Administration, we sliould 
not be at liberty to rescue an American citizen, who might 
be kidnapped in Turkey. And what, too, if acting under 
human authority, or, in the language of the Administra- 
tion, " under legal restraint," the people of one of the 
Barbary States should kidnap Secretary Marcy, and even 
President Pierce himself— then, also, according to this 
God-dethroning doctrine of the Administration, our hands 
would be tied ; and we should have no right to reclaim 
these distinguished men. The supposition, that such dis- 
tinguished men can be kidnapped, is not absurd. The 
great Cervantes was a slave in one of the Barbary States. 
So, too, was the great Arago. And it is not beyond tlie 
pale of possibility, that even the great Secretary and the 
great .President may yet be slaves. I am aware, that they, 
who stand up so stoutly for slavery, and for the multipli- 
cation of its victims, dream not, that they themselves c-an 
ever be its victims. They dream not, that this chalice, 
which they put to the lips of others, can ever be returned 



12 

to tlicir own. And, yet, even this terrible retribution or 
one still more terrible than any, which this life can afford 
may be the retribution of such stupendous treachery and 
enmity to the human brotherhood. Little did A^apoleon 
think, when, with perfidy unutterable, he had the noble 
but ill-fated Toussaint L'Ouverture carried across the 
waters, to perish in a prison, 

" That he himself, then greatest among men, 
Should, in like manner, be so soon conveyed 
Athwart the deep," * 

to perish, also, in a prison. 

In that great day (for which, as it has been sublimely 
said, all other days were made) when every man shall 
"receive the things done in his body," let me not be found 
of the number of those, who have wielded civil office to 
bind and multiply the victims of oppression. When I wit- 
ness the tendency of power in human hands, be it civil or 
ecclesiastical, or any other power, to such perversion I 
shrink from possessing it, lest I, too, might be tempted to 
lend lb to the oppressor instead of the oppressed. "80 I 
returned," says the wise man, " and considered all the op- 
pressions that are done under the sun ; and behold the 
tears of such as were oppressed, and they had no comforter : 
and on the side of their oppressors there was power ; but 
they had no comforter." 

I proceed to say, that this detestable doctrine of the Ad- 
ministration goes to blot all over that page of history, of 
which Americans are so proud. I mean that page, which 
records the famous achievement of Decatur and his brave 
companions in the Mediterranean. For it must he remem- 
bered, that the Algerine slaveholders, who were so severely 
chastised, and that, too, notwithstanding, being the most 
Ignorant, they were the least guilty class of slaveholders— 
1 say. It must be remembered, that these Algerine slave- 
holders acted under human Government, or, in the words 
of the Administration, " under legal restraint;" and were, 
therefore, according to the wisdom of the Administration' 
released from all obligation to do unto others, as they 

* Rogers's Italy. 



would have others do unto them ; and were at entire 
liberty to enslave Amerilians as v/ell as other people. 

I add, that tliis blasphemous doctrine of the Administra- 
tion leaves unjustified, and utterly condemns, every war, 
wliicli this nation has waged ; for every such war has l)een 
against a people acting under the autliority of their Gov- 
ernment, or, in the language of the Administration, " un- 
der legal restraint." Wliit if our enemy, in figliting against 
us, was guilty of fighting against God ? — was guilty of 
trampling under foot the Divine law ? Nevertheless, ac- 
cordins: to the sai^'e teachings of the Administration, his 
guilt was overlaid with innocence, from the fact, that he was 
"acting under legal restraint." Surely, it will not be pre- 
tended, that our transgressions of the Divine law are ex- 
cused by our " legal restraint," and that the like transgres- 
sions, on the part of others, cannot be excused by the like 
cause. Surely if wo may put in the plea of "legal re- 
straint " against Divhie laws, so may others. 
• Alas, wiiat a disgusting spectacle does the Administra- 
tion present, in its deliberate corruption of the Bible, for 
the guilty purpose of sparing so abominable and vile a 
thing as slavery ! Alas, what a pitiable spectacle of self- 
degradation does tliis ]iation present, in choosing such an 
Administration, and in rennxining patient under it ! And 
how rank, and hroad, and glaring, is the hypocrisy upon 
the brow of this nation, who, whilst her feet are planted 
on tbe ndllions she has doomed to the horrors, and agonies, 
and pollutions of slavery, holds, nevertheless, in one hand, 
that precious^ Heaven-sent volume, which declares, that 
God "hath made of one blood all nations of men, for to 
dwell on all the face of the earth;" and in the other, that 
emphatically American pajicr, which declares, that "all 
men are created equal ! " And how greatly is the guilt of 
this nation, in her matchless oppressions, aggravated by 
the fact, that she owes infinitely more than ever did any 
other nation to Christianity, and liberty, and knowledge; 
and that she is, therefore, under infinitely greater obliga- 
tion than was ever any other nation, to set an example, 
blessed in all its influences, both at home and abroad ! 
Other nations began their existence in unfavorable circum- 
stances. They laid their foundations in despotism, and ig- 
norance, and superstition. But Christianity, and liberty, 



14 

and knowledge, waited upon tlie birth of this nation, and 
breathed into it the breath of life. 

My hour is nearly up, and I will bring my remarks to a 
close. After all, the Administration has done us good 
service, in attempting to qualify the Divine command, to 
do unto others as we would have others do unto us; for, in 
attempting to do this for the sake of saving slavery, it 
has, by irresistible implication, admitted, that the command 
itself requires us to " let the oppressed go free." 

This precious law of Grod contains, as they are wont to 
insist, ample authority for all the demands of the aboli- 
tionists — that despised class of men, to which I am always 
ready to declare, that I belong. Hence, the Administra- 
tion, in quoting this law as the great rule of conduct be- 
tween men, has, in no unimportant sense, joined the aboli- 
tionists. I say it has quoted this law — this naked law. I 
say so, not because I forget the words with which it at- 
tempted to qualify the law, but because, inasmuch as the 
law, w^hich God has made absolute, man cannot qualify, 
these qualifying words fall to the ground, and leave the 
naked law in all its force. I admit, that the Administration 
did not quote this law for the sake of manifesting its union 
with the abolitionists; for, yet awhile at least, it expects 
more advantage from its actual union with the slaveholders 
than it could expect from any possible union wdth the 
abolitionists. iS^o ; the Administration quoted this law for 
the sake of serving a purpose against Austria; and it flat- 
tered itself that, by means of a few qualifying words, it 
could shelter slavery from the force of the quotation. But, 
in this, it fell into a great mistake. Its greater mistake, 
however, was in presuming to quote the Bible at all. The 
Administration should have been aware that the Bible is a 
holy weapon, and is therefore fitted to anti-slavery, instead 
of pro-slavery, hands. It should have been aware, that 
it is more dangerous for pro-slavery men to undertake 
to wield this weapon, than it is for children to play w^ith 
edge tools. The Bible can never be used in behalf of a 
bad cause, without detriment to such cause. 

I conclude, Mr. Chairman, by expressing the hope, that 
this egregious blunder of the Administration, in calling the 
Bible to its help— a blunder, by the way, both as ludicrous 
and wicked as it is egregious — will, now that the blunder 



16 

is exposed, be not without its good effect, in the way of 
admonition. I trust, that this pro-shivery Administration, 
and, indeed, all pro-slavery parties and pro-slavery per- 
sons, will be eftectually admonished by this blunder to let 
the Bible entirely alone, until they shall have some better 
cause than slavery to serve by it. 



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